Art. 2 Building Act (LC) - Responsibilities

General Provisions

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Art. 2 BauG - Responsibilities · Responsibilities

1. The municipal council is responsible for construction projects within the building zones, particularly in

a) Residential zones;

b) Core zones;

c) Commercial zones;

d) Industrial zones;

e) Zones for public buildings and facilities;

f) Zones for sports and recreation activities within the perimeter of the building zones or directly connected to them, provided they do not exceed a total area of 3 hectares.

2. The Cantonal Building Commission (hereinafter: CBC) is responsible for construction projects outside the building zones, particularly in

a) Agricultural zones;

b) Protection zones;

c) Small settlements outside the building zone such as hamlet and preservation zones;

d) Areas with traditional scattered building patterns;

e) Zones with buildings protected as landscape-defining, such as alpine pasture zones;

f) Other zones for sports and recreation activities;

g) Zones for extraction and landfills;

h) Forest areas.

3. The CBC is responsible for construction projects that lie within the perimeter of a cantonal usage plan.

4. The CBC is responsible for construction projects where the municipality is in a conflict of interest, particularly because it is the owner of the land or is involved in the construction project through another property right. If the municipality's involvement is minor, the CBC may transfer its jurisdiction to the municipality. In this case, the municipality shall notify the CBC of its final construction decision. The regulation specifies the cases in which the jurisdiction lies with the municipal authority by default.

5. The decision to transfer jurisdiction is part of the publicly accessible file. It cannot be the subject of a separate appeal.

6. If a particular construction project falls under the jurisdiction of both the municipality and the CBC, specifically when it is located in two different zones, the CBC can decide, subject to the consent of the municipality and the applicant, to process the construction application as a whole. This decision must be made before the public announcement.

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